[The Canon Law Society of America has approved the issuance of a report
titled "The Canonical Implications of Ordaining Women to the Permanent
Diaconate." This report has generated considerable publicity and the
Foundation has been asked by quite a few of our friends if we intend to comment.
We intend to do so but are still in the process of carefully preparing our
observations. In the meantime, Duane Galles has written an excellent article
about deacons in general and I believe it will serve also to provide the needed
background to our forthcoming observations concerning the possibility of
ordaining women to the diaconate. Also, the article is timely since the feast of
the proto-deacon and proto-martyr St. Stephen is observed on December 26. CMW.]

Three decades ago in 1964, in article 29 of its dogmatic constitution on the
Church, <Lumen gentium>, the Second Vatican Council asked Paul VI to
restore the permanent diaconate in the Latin church. He did so by the motu
proprio, <Sacrum diaconatus ordinem>, which was promulgated on June 18,
1967, the feast of Saint Ephraem, deacon. The apostolic letter permitted
episcopal conferences to request that the Holy See allow the ordination of
celibate and married men permanently to the diaconate within their territory. In
April, 1968, the American bishops made that request, which four months later was
granted.

In November of that year the first Standing Committee on the Permanent
Diaconate of the National Conference of Catholic Bishops was appointed. The
Committee was charged with drawing up a program of studies for the diaconate and
in May and June of 1971, it saw the first fruits of its labors with the first
ordinations of permanent deacons since the conciliar reform had been mooted.

Numerically, deacons have been one of the successes since Vatican II. While
the number of women religious in the United States has plummeted forty per cent
from 160,931 in 1970 to 94,431 in 1994, and during those same years the number
of diocesan priests has declined ten per cent from 37,292 to 33,204, during that
same period the number of deacons has soared. Starting at zero in 1970, by 1994
the number of permanent deacons in the United States had jumped to 11,123;
moreover, another 1,724 candidates awaited diaconal ordination. Of the permanent
deacons, 92 per cent were married, 13 per cent were Hispanic and 3 per cent were
black. Some 1,740 were salaried church employees and 66 administered a parish or
a mission. Interestingly, in the entire Catholic world there were but 19,395
permanent deacons and so the United States, which accounts for six per cent of
the world's Catholics, had sixty per cent of the Catholic world's permanent
deacons.[1]

Canon 835 tells us that the sanctifying office of the church is exercised
principally by the bishops, who are the high priests and the principal
dispensers of the mysteries of God. But later that same canon advises us that
deacons, too, have a share in that office, in accordance with the norms of law.
To understand, then, the role of deacons today one needs to survey the revised
1983 Code of Canon Law of the Latin church and her reformed liturgical rites.

The Deacon In History

But first one needs to know something about the deacon in history. We
initially encounter the deacon in the famous passage in Acts 6:2, where Peter
says it is not proper for the apostles to give up preaching so that they can
wait on tables. Accordingly, they ordained seven deacons, including the
proto-martyr Stephen, to serve the Christian community. By the end of the
ancient world the deacon was the bishop's assistant, serving as his "eyes
and ears," taking care of church property as well as administrative
matters.

Deacons quickly became VIP's. One measure of the importance of the deacon in
the early church is the number of deacons elected pope in the early Middle Ages.
Of the thirty-seven men elected pope between 432 and 684 A.D., only three are
known to have been ordained to priest before their election to the Chair of
Peter.[2]

In the course of time the bishop's principal assistant, the <diaconus
episcopi>, came to be called the archdeacon and by the fifth century his role
had developed into a powerful ecclesiastical office. He had charge of church
administration and of the care of the poor and thus held the purse.

When archdeacons became too dominant sometimes their bishops were minded to
"kick them upstairs" by ordaining them priest whereupon they would
lose the office of archdeacon. Saint Jerome said, "<archidiaconus
injuriam putat si presbyter ordinetur,>" ("the archdeacon thinks
himself injured if ordained priest"), for then he would lose his powerful
archdiaconal office. Pope Gregory the Great, in fact, once upbraided a bishop
for ordaining his archdeacon priest with a view "craftily to degrade the
aforesaid archdeacon."

In ensuing centuries the archdeacon acquired the duty of supervising and
disciplining the lower clergy. Because of this role the archdeacon acquired the
right to examine candidates for ordination, and in the ordinals we find the
archdeacon now presenting to the bishop candidates for priestly ordination and
attesting their fitness.

Beginning with the eighth century, the right to discipline the clergy brought
to the archdeacon ordinary jurisdiction and his own separate church court. And
soon we find that at least the larger dioceses were divided up into several
archdeaconries, each headed by an archdeacon who presided over a first instance
tribunal and carried out visitations to correct abuses and infractions of church
canons. The archdeacon also served as the bishop's administrative assistant in
instituting clerics to their benefices and watching over the decency of worship
and the repair of churches within his territory. In many places the archdeacon
of the see city also acted as vicar capitular, or diocesan administrator of the
vacant or impeded see.

From the eighth to the thirteenth century the power of the archdeacon waxed
greatly and archdeacons began to exercise quasi-episcopal powers. Like bishops,
they even began to appoint vicars and officials to carry out their
administrative and judicial functions, respectively. With the development of the
benefice system, moreover, archdeacons were no longer removable at the whim of
the bishop, since their archdeaconry was now considered a benefice in which they
had a life interest that was protected by law, barring judicial privation for
good cause. Their wide powers and fixity of tenure made archdeacons serious
rivals of bishops whose own authority over them had begun to recede into
something like that of a metropolitan over his suffragan bishops. So powerful
had the archdeacons become that a reform movement was spawned and bishops began
to counter the power of the archdeacons by appointing priests as their vicars
general and officials (or judicial vicars). These priests enjoyed powers similar
to those of archdeacons but, importantly, their office was not a benefice and
they served at the pleasure of the bishop and were directly subject to his
control. Once established, these alternatives set the scene for a frontal
assault on the power of the archdeacons.

The Council of Trent's reforms drastically restricted the archdeacon's power.
Archdeacons were deprived of the power of excommunication and of their
jurisdiction in matrimonial and criminal matters. No longer could they make
visitations and order the correction of abuses, unless asked to do so by the
bishop. By the seventeenth century the once-powerful office had been reduced to
that of a master of pontifical ceremonies and the last vestige of the office was
the liturgical role in the ordination service of presenting the ordinands to the
bishop at priestly ordinations.

Now the office of archdeacon was merely ceremonial and the real power had
passed to the vicar general, vicar capitular and the judicial vicar-all priests.
The order of deacon itself became a mere apprenticeship to priesthood lasting
only a few months, even though until 1917 a deacon still could be canonically
appointed pastor of a parish or canon of a cathedral or cardinal of the Holy
Roman Church—as in the case of Pius IX's Secretary of State, Giacomo Cardinal
Antonelli (1806-1876), who never proceeded beyond the order of deacon.[3]

The Restored Diaconate

In our own century the liturgical movement spawned an interest in the
glorious history of the order of deacon during the church's first millennium.
Later, to restore to its hierarchy of ordained ministers its <plena esse>
(or fullness) the Second Vatican Council asked Paul VI to restore the order of
deacon as a permanent order. As restored, however, the permanent deacon became
the assistant of the priest, not the bishop. Article 23 of the 1967 <motu
proprio> saw the deacon as "subject to the bishop and the priests."
The document specifically describes the deacon as assisting the priest or as
deputizing for the priest in certain cases in the latter's absence.

This new role becomes clearer when we survey the canonical framework within
which permanent deacons operate today. As we have seen, during the first
Christian millennium deacons undertook, as the bishops' assistants, the
functions that are today those of the vicar general, the judicial vicar, the
vicar capitular, the cathedral chapter and the oeconome, or finance officer. In
current canon law these are almost exclusively priests' functions.

But before discussing the functions of the deacon it is important to
understand first his <status vitae>. Distinct from lay people in the
church by divine institution are the sacred ministers, whom canon law calls
clerics (c. 207). One becomes a cleric when one is ordained deacon (c. 266).
Only clerics can obtain offices the exercise of which requires the power of
orders or the power of ecclesiastical governance (c. 274). Deacons thus are
clerics by virtue of their ordination and this makes them capable of exercising
sacred office and sacred power. All clerics must be incardinated in a diocese or
personal prelature or in some religious institute (c. 266). By ordination to the
diaconate one becomes incardinated in the entity for which one is ordained (c.
266), and a cleric becomes entitled to suitable remuneration (c. 281). Married
deacons with a secular job, however, are to provide for themselves and their
families from that job's income.

The archdeacon, as we have seen, was the precursor of the office of vicar
general and the archdeacon had enjoyed most of the vicar general's powers. Today
the moderator of the curia must be a priest, under canon 473 #2, as must, under
canon 478, the vicar general and that other species of presbyteral local
ordinary, the vicar episcopal.

The archdeacon was also a judge ordinary with his own ecclesiastical court
and the forerunner, in fact, of the officialis. Today the judicial vicar (or
officialis) and vice-officialis (c. 1420) must be priests. Being a cleric, a
deacon (who is otherwise qualified) may be appointed a judge of an
ecclesiastical tribunal. Since as a cleric he is endowed with sacred power, a
deacon (like a priest or bishop) is allowed by canon 1421 to sit alone as a
single judge in an ecclesiastical tribunal. By contrast, the same canon requires
that, when a layman is appointed a judge, he can sit on a panel or collegiate
tribunal only along with two clerics. While today a deacon only assists a
priest-officialis, the deacon-canonist could, of course, be a very busy judge in
an ecclesiastical tribunal.

Deacons were once the bishop's "eyes and ears" and once as canons
were his chief advisors. Today the presbyteral council or senate of priests has
many of the functions of the chapter of canons and it advises the diocesan
bishop on the government of the diocese. As the name suggests, its members,
under canon 495, must be priests. <A fortiori> its inner circle, the
college of consultors (who have the remaining functions of the chapter of
canons), must—under canon 502—also be priests. This college must give its
advice and consent in certain church property matters and it elects the diocesan
administrator or vicar capitular if the see is vacant or impeded. Even the
eviscerated office of canon today can be held only by a priest (c. 503).

Before the 1917 <Code> a deacon could be appointed to an office with
the care of souls. Today only an ordained priest can be appointed validly to the
office of parish priest (c. 521), parochial vicar or assistant (c. 546), vicar
forane or rural dean (c. 553), rector of a non-parochial church (c. 556), or
chaplain of a community (c. 551). Deacons may, of course, assist the parish
priest (c. 519).

Of the manifold functions exercised by the deacon during the first Christian
millennium, today's deacon is permitted to hold only the offices of chancellor
(c. 482) and oeconome (finance officer) (c. 494) and judge of the tribunal. All
these duties, it might be noted, can also be held by a layman.[4]

Besides his administrative and judicial roles, the restored deacon is given
certain liturgical roles: he may baptize solemnly, witness marriages, administer
sacramentals, conduct funerals, read sacred scripture, preach and instruct the
faithful. He is portrayed as the leader of the congregation in prayers. His
functions include roles at Mass and in conferring sacraments as well as in the
liturgy of the hours, services of the word, sacramentals and public devotions.

Perhaps the most important service of the deacon to the sacred liturgy is at
the solemn Mass, for in the solemn liturgy the deacon's presence is necessary.
The solemn Mass is a sung Mass celebrated with the assistance of other sacred
ministers. In 1972 Paul VI suppressed first tonsure and converted the
sub-diaconate and minor orders into lay ministries. Thus, today the deacon is
the only sacred minister remaining (besides the priest and bishop) and his
presence at the solemn liturgy is necessary for it to take place.

At Mass his assigned roles include reading the Gospel and the intercessions,
preaching, and distributing Holy Communion. Despite the ubiquity of
"extra-ordinary" ministers of Holy Communion in this country, it might
be pointed out that canon 910 declares that the "ordinary" minister of
Holy Communion is a bishop, priest or deacon. For Mass the deacon vests in
amice, alb, cincture, stole, maniple (if desired) and in his distinctive
vestment, the dalmatic. Article 71 of the <General Instruction on the Roman
Missal> notes that the functions of the deacon can be divided between two or
more deacons.

In my own parish there is a solemn Latin Mass each Sunday celebrated by a
priest and assisted by two deacons—using the reformed Vatican II missal and
rubrics. One deacon serves as "Gospel deacon" and the other as
"altar deacon." In this way it is possible to celebrate the <novus
ordo> solemn Mass with most of the ceremonies of the Roman rite as Adrian
Fortescue described them in his classic work on the liturgy, written decades
before the introduction of the reformed rite.[5]

The liturgy of the hours provides a more extensive role for deacons. Canon
276 2 and 3 requires that permanent deacons recite daily that portion of the
liturgy of the hours laid down by the episcopal conference, which in the United
States is morning prayer and evening prayer. Vatican II intensely desired the
renewal and revival of the liturgy of the hours as a popular liturgical
celebration on Sundays and holy days and it urged a choral celebration
(<Sacrosanctum Concilium>, arts. 99, 100). Indeed, a little-remembered
1866 decree of the second plenary council of Baltimore—still in force—requires
vespers to be celebrated each Sunday to the extent possible in all parish
churches in the United States.[6] Sunday vespers, in fact, will be the most
practicable part of the liturgy of the hours for parish celebration. The deacon,
vested in dalmatic and stole according to article 255 of the General Instruction
on the Liturgy of the Hours, could preside at the service and preach.

Deacons may baptize solemnly, witness marriages and conduct funerals. The
reformed Vatican II rites are more complex than those formerly followed in that
they are preceded by a service of the word, which consists of a prayer or
exhortation, lessons and psalms. Vatican II was most desirous that the reformed
rites open up to the people the treasury of scripture and this has been done.

Canon 849 says that baptism is the gateway to the sacraments and is necessary
for salvation. By it one becomes incorporated into the Church. Moreover, one not
baptized cannot validly receive any other sacrament (c. 842). Canon 861 declares
that a deacon is an ordinary minister of baptism. When baptism is administered
by a deacon, he is to notify the pastor so that a proper record of the baptism
can be made in the parish sacramental registers (c. 877).[7]

A deacon is also qualified to assist at marriages if he has the faculty to do
so from the local ordinary, or a proper delegation from the local ordinary or
pastor (c. 1108). Since a deacon is a cleric, he has sacred power by virtue of
his ordination. Thus, when officiating at a wedding, a deacon can in certain
cases grant dispensations from matrimonial impediments when there is a case of
danger of death (c. 1079) and in certain other emergency cases when all the
preparations have been made and certain impediments surface at the last moment
(c. 1080). While lay people in some rare cases might be given the faculty to
assist at marriages (c. 1112), such persons (as non-clerics) would lack the
power to dispense. The deacon assisting at the marriage would need to see to it
that a record of the marriage were made in the parish sacramental register and,
where the couple were not baptized in the same place as the marriage, send
notice of the marriage to their places of baptism (c. 1121) to be annotated in
the baptismal register there.

While he cannot celebrate a funeral Mass, a deacon may conduct funerals and
burial services and preach. He should also record the funeral in the parish
register of funerals (c. 1182).

And while deacons cannot confirm or absolve, the reformed rites for those
sacraments underscore the deacon's role as leader of the congregation at prayer
by making provision for a deacon to announce the intercessions. Thus, if Penance
Rite II with a communal celebration followed by individual confession and
absolution is used, the deacon may lead the penitents in prayer.

The worship of the Blessed Sacrament outside Mass has lamentably declined
since Vatican II, though nothing could be farther from the church's wishes. The
ritual continues to provide a "Rite of Eucharistic Exposition and
Benediction" of the Blessed Sacrament and a deacon may be the minister of
exposition and reposition and may bless the people with the Host in a
monstrance, wearing a cassock, surplice, stole and cope during the service as
well as a humeral veil at the blessing (c. 943). Benediction may occur in any
church in which the Blessed Sacrament is lawfully reserved. The rubrics provide
for the singing of Saint Thomas Aquinas' venerable eucharistic hymn, the "Tantum
ergo," and in the United States it is customary to precede this with the
hymn "O Salutaris." The rubrics encourage other psalms, hymns and
prayers before the benediction with the monstrance and on Sundays vespers might
laudably be sung before the Blessed Sacrament exposed.

Deacons may also preside at a service of the word. This is not merely the
"bible service" in vogue in the 1960's but includes a much wider
number of services. On "priestless" Sundays it might be the liturgy of
the word taken from the Mass of the day followed by a sermon and Holy Communion
from the reserved Sacrament.

Deacons also have a role in sacramentals and popular devotions. Despite the
fact that Vatican II "highly recommended" popular devotions (SC 13),
these often have been neglected since the Council and this is unfortunate. Such
devotions provide a useful bridge between the "domestic church" (the
family) and the church's public liturgy. Once again they should be encouraged,
for canon 839 provides summary recognition of the prayers and pious and sacred
practices of Christian people. These include litanies, the rosary and the Way of
the Cross. Since deacons are presumed to be nearer the popular pulse, this type
of exercise suggests an obvious opportunity for diaconal service. The deacon
might preach as well.

In many places we have mentioned the deacon's faculty to preach. Just as the
sanctifying office is committed principally to the bishops, so too is the
preaching office principally committed to bishops, who are "moderators of
the entire ministry of the word" (c 756). And if lay people can be called
upon to "cooperate" with bishops and priests in the exercise of the
ministry of the word (c. 759), deacons by virtue of their ordination actually
have a share in that ministry (c. 757). Sacred ministers (and this includes
deacons) are to consider the office of preaching of great importance, since this
is among their principal duties (c. 762). Deacons, like priests, have the
faculty to preach by virtue of their ordination and may exercise it everywhere,
unless their ordinary has restricted it (c. 764). The homily or sermon at Mass
is in fact reserved to a priest or deacon (c. 767) and whenever administering
some sacrament or sacramental a deacon might well consider the utility of a
sermon.

These, then, are the functions of the permanent deacon as restored by Vatican
II and set forth in the law. Even if they are fewer than those exercised by the
deacons of the first Christian millennium, they are clearly manifold and
important functions and ones opening up to the deacon many opportunities for
service. They also require considerable training and preparation.

Canonists have a maxim, "<leges instituntur cum promulgantur;
firmantur cum moribus,>" ("laws go into effect when they are
promulgated, they become effective when they are put into practice"). Put
more simply by Mr. Justice Holmes, "the life of the law is
experience." We know now what the law is. We wait to see what will become
of it.

4. The office of chancellor in the universal law of the church is one of
archivist and notary (c. 482). In the Catholic Church in the United States the
office has long been more important and has in fact been that of vicar delegate.
In practice it was often the most important office in the episcopal curia. To
exercise such wide delegated powers of jurisdiction one would need to be a
cleric and, hence, to be chancellor of an American diocese. In this wise, one
would need to be a deacon or priest.